New Delhi: Chief Justice of India (CJI) Surya Kant on Friday recused himself from hearing a batch of petitions challenging the constitutional validity of a 2023 law that removed the CJI from a committee responsible for appointing the chief election commissioner (CEC) and election commissioners (ECs) to the poll panel.
A three-member bench comprising the CJI, Justices Joymalya Bagchi and Vipul M Pancholi took up the matter, but Kant immediately stepped aside. “I will be accused of conflict of interest. There is a conflict of interest,” the CJI said at the outset.
Kant noted it would be “more appropriate” for a bench without judges in line to become CJI, to avoid any bias perception.
Advocate Prashant Bhushan, appearing for one petitioner, agreed.
“I personally don’t have any problem, but it can be listed before a bench not having a prospective CJI.”
The CJI directed listing the case on April 7 before such a bench.
The 2023 Act, passed by Parliament in December, replaced a March 2023 Supreme Court ruling by a five-judge Constitution bench. That judgment required CEC and EC appointments by a committee of the Prime Minister, Lok Sabha Opposition leader, and CJI — until Parliament legislated otherwise.
The new law shifts the panel to the Prime Minister, a nominated Union minister and the Lok Sabha Opposition leader (or largest opposition party leader), dropping the CJI.
Petitioners, including Congress leader Jaya Thakur and the Association for Democratic Reforms, have argued this undermines Election Commission’s independence.
The Centre has defended two EC appointments on March 14, 2024, under the Act, with the Union Law Ministry’s affidavit rejecting claims of rushed action to pre-empt a Supreme Court hearing the next day. The court has not stayed those appointments.
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